Art. 1: Modification
1.1 Vine Vera reserves the right at her sole discretion to change, modify, add, or remove portions of these Terms at any time. Users are therefore advised to check these Terms regularly. Your continued use of vinevera.com or other websites owned by Vine Vera (hereinafter referred to as the “website”, the “site”, “this site” herein) following the posting of changes to these Terms will mean you accept those changes.
1.2 Vine Vera reserves the right to supplement these Terms with additional Terms relevant to specific content or events (hereinafter: “Additional Terms”). These Additional Terms may be placed on this site to be viewed in connection with the specific content or events and shall be identified as such. By using the website you understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
- Restrictions on Use of Materials, Intellectual Property
2.1 This website is owned by Vine Vera. No material from this website may be copied, reproduced, republished, amended, modified, revised, edited, changed, added to, deleted, uploaded, posted, transmitted, or distributed in any way, without the explicit written permission of Vine Vera.
2.2 Modification of the materials or use of the materials for any other purpose is a violation of Vine Vera’s copyright and other proprietary rights. All trademarks, service marks, and trade names are proprietary to Vine Vera are to be kept intact.
- Third Party Links
3.1 Vine Vera will place hyperlinks to third party sites, such as (but not limited to) Facebook, YouTube and/or Instagram. These sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators.
3.2 You also agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator and you hereby waive any claim you might have against us with respect to such sites.
3.3 Vine Vera is not liable in any way and you agree to indemnify us in the manner referred to below in these Terms in relation to such dealings. Any arrangements made between you and any third party named on the site are at your sole risk and responsibility.
3.4 It is possible that third parties will link to our site without Vine Vera’s express consent or knowledge. Vine Vera is not responsible in any way for any dealings which you may have with these unauthorized sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to Vine Vera or our users please let us know.
- Limitation of Liability
4.1 By using this website you explicitly understand and agree that your use of and browsing of the site are at your own risk. Neither Vine Vera nor any other party involved in creating, producing or delivering the site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use the site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Vine Vera has been advised of the possibility of such damages.
4.2 Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Vine Vera’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
4.3 You agree to indemnify, keep indemnified, defend and hold Vine Vera and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of these parties and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the site or any breach by you of these Terms. Vine Vera reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with our defence of such claim.
- Promotional Limitations
5.1 By using this website, you certify that you are at least eighteen (18) years of age and fully able to consent to these terms and use of this website.
5.2 This website may host promotions. The window for enrollment into this promotion shall end upon the first occurrence of either loss of availability, as determined by Vine Vera, or expiration of the specific promotion. Notwithstanding the foregoing, all promotional activity may be ceased and the promotion rescinded at the sole election of Vine Vera.
- Jurisdictional Issues
6.1 Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the product and associated products, events and services of Vine Vera. This site is controlled and operated by Vine Vera from its offices within the United States of America.
6.2 In the event that any provision of these Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
6.3 These Terms shall be governed by and construed in accordance with the laws of the United States of America. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any Additional Terms constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.